Preview
Filing # 35912025 E-Filed 12/28/2015 09:05:02 AM
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO, 15000737CA
HSBC BANK USA NATIONAL
ASSOCIATION AS TRUSTEE ON BEHALF
OF THE CERTIFICATE HOLDERS OF THE
DEUTSCHE BANK ALT-A SECURITIES
MORTGAGE LOAN TRUST 2007-AR1
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2007-AR1,
Plaintiff,
Vs.
MAGGIE WICKSON A/K/A MARGARET B.
WICKSON A/K/A MARGARET EILEEN
BARBER AND ERIC WICKSON A/K/A ERIC
J. WICKSON, et al.
Defendant(s).
/
NOTICE OF FILING
Plaintiff, by and through its undersigned attorney hereby files:
° Affidavit as to Reasonable Attorneys Fees
e Affidavit as to Time, Effort, and Costs
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the parties listed on the attached service list bya
e-mail; o hand-delivery; 0 mail; and/or c fax on this day of _ __, 2015.
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail rasflaw.com
By: _
Scott Brown, Esquire
Florida Bar No. 88187
Communication Email: sbrown@rasflaw.com
TATYANA LV UT AUN A
UU
PAGE 1
14-94682 - KaC
SERVICE LIST
MACK LAW FIRM CHARTERED
JACQULYN MACK, ESQ.
ATTORNEY FOR MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET
EILEEN BARBER
2022 PLACIDA ROAD
ENGLEWOOD, FL 34224
PRIMARY EMAIL: ESERVICEI@MACKLA WFIRM.ORG
SECONDARY EMAILS: ESERVICE2@MACKLAWFIRM.ORG
UNKNOWN SPOUSE OF ERIC WICKSON A/K/A ERIC J. WICKSON N/K/A KELLY WICKSON
205 BROADMOOR LANE
ROTONDA WEST, FL 33947
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR AMERICAN
BROKERS CONDUIT
1200 SOUTH PINE ISLAND RD
PLANTATION, FL 33324
PAGE 2
14-94682 - KaC
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 15000737CA
HSBC BANK USA NATIONAL
ASSOCIATION AS TRUSTEE ON
BEHALF OF THE CERTIFICATE
HOLDERS OF THE DEUTSCHE BANK
ALT-A SECURITIES MORTGAGE LOAN
TRUST 2007-AR1 MORTGAGE PASS
THROUGH CERTIFICATES SERIES
2007-AR1,
Plaintiff,
vs.
MAGGIE WICKSON A/K/A MARGARET
B. WICKSON A/K/A MARGARET
EILEEN BARBER AND ERIC WICKSON
A/K/A ERIC J. WICKSON, et al.
Defendant(s).
/
AFFIDAVIT AS TO TIME, EFFORT AND COSTS
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Scott Brown, who having
been duly affirmed deposes and says:
1 Tam an attorney employed by Robertson, Anschutz & Schneid, P.L. (the "Firm"),
counsel for Plaintiff in this action.
2 T have personal knowledge of the facts contained in this affidavit including the
Firm's method of recording attorney fees and costs. The attorney fees and costs described below
are kept in the Firm’s billing ledger, which is a compilation of data maintained in the Firm’s
electronic accounting system. The entries in those records are made at the time the fees are
incurred and the costs are advanced either by people with first-hand knowledge of those events
or from information provided by people with such first-hand knowledge. Recording such
information is a regular practice of the Firm’s regularly conducted business activities.
33 As counsel for Plaintiffin the above styled action, the following services are the
typical services provided by the Firm on a flat fee basis, for which time records have not been
kept, and on hourly fees. The services include the following:
Review payment and transaction history and other documents from Plaintiff. Open file
and prepare for the filing of the foreclosure action.
Review of initial tile search and title examiner’s report to determine all of the possible
interests connected with the property.
Review all of the documents required for the filing of the Lis Pendens and Complaint.
Compliance with mandatory mediation administrative orders and review and preparation
of documents associated therewith.
Preparation for and attendance at mandatory mediation session.
Preparation of Lis Pendens, Complaint, Summons, Motion and Order Appointing Process
Server, and Civil Cover Sheet.
Review of supplemental title search or report from title examiner.
Review of Returns of Service and determination as to whether service was effectuated
properly.
Review of Certificates of Military Service.
Review Answers and Responses to the Foreclosure Complaint and prepare any necessary
responses of the same.
Preparation of Motion for Default and Notice of Dropping Parties.
Miscellaneous client communication regarding the status of the foreclosure action.
Review and compilation of all the documents needed to obtain Final Judgment, i.e.
Motion for Judgment and supporting affidavits including the Affidavit of Indebtedness,
Affidavit as to Time, Effort and Costs, Affidavit as to the Reasonableness of Attorney’s
Fees, Motion for Default and Non-military affidavit; Final Judgment and Preparation of
documents required for Foreclosure Sale.
Review trial order, prepare certificate of serving trial order, prepare witness and exhibit
list, prepare questions for witnesses, prepare and mark exhibits, conference with
witnesses to prepare for trial, pre-trial meeting with opposing counsel, prepare final
judgment package, and prepare for and attend trial.
14-94682 - KaC
4 The hourly rate charged by the Affiant’s Firm for the attorneys’ services rendered
is $200.00 per hour. Notwithstanding, in the above-styled action, Affiant’s Firm will receive
compensation from Plaintiffon the basis of a blended fee consisting of a $2,800.00 flat fee for
standard foreclosure services, plus the hourly rate of $200.00 per hour for resolution of contested
issues, trial preparation and attendance. Affiant’s Firm has expended 20.10 hours of time at a
rate of $200.00 per hour for resolution of contested issues, preparation for and attendance at trial
for a total amount of $4,020.00, Plaintiff will pay Affiant’s Firm a total of $6,820.00
5 Affiant certifies that there are no reasons for either reduction or enhancement of
the fee pursuant to Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985)
6 Plaintiff
has incurred the following costs in connection with this above-styled
Foreclosure Action
Title Charges $325.00
Filing Fees $1,963.92
Service of Process $700.00
Lis Pendens $9.00
Summons $50.00
TOTAL 047.92
FURTHER AFFIANT SAYETH NAUGHT.
Loe
col rown, E Sq
Date [zy LS
STATE OF FLORIDA
COUNTY OF PALM BEACH
egoing inst eve
‘ag acknow before me niet
Y day of DO Ce oe
x v2, by © eC VNCY\ whol is personally known to me or has produced
— as identification, and who did take an oath.
fY\a
(Seal) es NNO AAW (bn
Signatute of Notary Public
Print, Type/Stamp Name of Notary
att a
JENNIFER ALLEN
Notary Public - State of Florida
My Comm, Expires Oct24, 2018
Commission # FF 144114
14-94682 - KaC
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 15000737CA.
HSBC BANK USA NATIONAL
ASSOCIATION AS TRUSTEE ON
BEHALF OF THE CERTIFICATE
HOLDERS OF THE DEUTSCHE BANK
ALT-A SECURITIES MORTGAGE LOAN
TRUST 2007-AR1 MORTGAGE PASS
THROUGH CERTIFICATES SERIES
2007-AR1,
Plaintiff,
Vs.
MAGGIE WICKSON A/K/A MARGARET
B. WICKSON A/K/A MARGARET
EILEEN BARBER AND ERIC WICKSON
A/K/A ERIC J. WICKSON, et al.
Defendant(s).
/
AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Nathan Schwartz, Esq.,
who being duly sworn, deposes and says:
1 I am an attorney licensed to practice law in the State of Florida and I have
practiced law in Florida since 1985. I am personally familiar with the fees usually awarded to
plaintiffs in foreclosure suits of the kind and nature in which this affidavit is filed.
2. I have reviewed, or have had the opportunity to review, the file of counsel for
Plaintiff in this action.
3 lam familiar with the amounts charged by attorneys for services rendered in such
cases and $200.00 per hour is a reasonable rate.
4 In my opinion, based on the circumstances of this case, a flat fee of $2,800.00,
and contested fees in the amount of $4,020.00, for a total amount of $6,820.00 to be billed by
Plaintiff's Attorney’s Law Firm is reasonable.
5 In arriving at my opinion | have evaluated the factors identified. below in
determining my opinion of a reasonable attorney’s fee as stated above. pursuant to R. Regulating
Fla.Bar 4-1.5(b) and under Florida Patients Compensation Fund v. Rowe 472 So.2nd_1145 (Fla.
1985}
The time and labor required, the novelty, complexity and difficulty of the questions
involved, and the skill requisite to perform the legal service properly
The likelihood that the acceptance of the particular employment will preclude other
employment by the lawyer.
The fee, or rate of fee, customarily charged in this locality for legal services of a
comparable or a similar nature.
The significance of, or amount involved in, the subject matter of the representation.
the responsibility involved in the representation, and the results obtained
The time limitations imposed by the client or by the circumstances and, as between
attorney and client, any additional or special time demands or requests of the
attorney by the client.
The nature and length of the professional relationship between said counsel and the
client.
g The experience, reputation and ability of Plaintiff's attorney.
h The fact that the fee is fixed and not contingent.
6 T have no interest in the outcome of this litigation nor am I associated with or an
employee of the Plaintiff or the Defendant, or ofthe attorneys of either.
FURTHER AFFIANT SAYETH NAUGHT
a
Nathah Schwartz, Esquire
Date’ Pig D
STATE OF FLORIDA
COUNTY OF PALM BEACH
Hh
The foregoing instrument was acknowledged before me this 4! day of December 2015, by
Nathan Schwartz who is personally known to me or has produced
a a ____a§ identification, and who did take an oath.
(Seal) Dan &
Ie
Powel
ature of Notary Public
pe/Stamp Name of Notary
sant
14-94682 - KaC
Preview
Filing # 35912025 E-Filed 12/28/2015 09:05:02 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO, 15000737CA HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUTSCHE BANK ALT-A SECURITIES MORTGAGE LOAN TRUST 2007-AR1 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-AR1, Plaintiff, Vs. MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN BARBER AND ERIC WICKSON A/K/A ERIC J. WICKSON, et al. Defendant(s). / NOTICE OF FILING Plaintiff, by and through its undersigned attorney hereby files: ° Affidavit as to Reasonable Attorneys Fees e Affidavit as to Time, Effort, and Costs CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the parties listed on the attached service list bya e-mail; o hand-delivery; 0 mail; and/or c fax on this day of _ __, 2015. ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail rasflaw.com By: _ Scott Brown, Esquire Florida Bar No. 88187 Communication Email: sbrown@rasflaw.com TATYANA LV UT AUN A UU PAGE 1 14-94682 - KaC SERVICE LIST MACK LAW FIRM CHARTERED JACQULYN MACK, ESQ. ATTORNEY FOR MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN BARBER 2022 PLACIDA ROAD ENGLEWOOD, FL 34224 PRIMARY EMAIL: ESERVICEI@MACKLA WFIRM.ORG SECONDARY EMAILS: ESERVICE2@MACKLAWFIRM.ORG UNKNOWN SPOUSE OF ERIC WICKSON A/K/A ERIC J. WICKSON N/K/A KELLY WICKSON 205 BROADMOOR LANE ROTONDA WEST, FL 33947 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT 1200 SOUTH PINE ISLAND RD PLANTATION, FL 33324 PAGE 2 14-94682 - KaC IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 15000737CA HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUTSCHE BANK ALT-A SECURITIES MORTGAGE LOAN TRUST 2007-AR1 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-AR1, Plaintiff, vs. MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN BARBER AND ERIC WICKSON A/K/A ERIC J. WICKSON, et al. Defendant(s). / AFFIDAVIT AS TO TIME, EFFORT AND COSTS STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Scott Brown, who having been duly affirmed deposes and says: 1 Tam an attorney employed by Robertson, Anschutz & Schneid, P.L. (the "Firm"), counsel for Plaintiff in this action. 2 T have personal knowledge of the facts contained in this affidavit including the Firm's method of recording attorney fees and costs. The attorney fees and costs described below are kept in the Firm’s billing ledger, which is a compilation of data maintained in the Firm’s electronic accounting system. The entries in those records are made at the time the fees are incurred and the costs are advanced either by people with first-hand knowledge of those events or from information provided by people with such first-hand knowledge. Recording such information is a regular practice of the Firm’s regularly conducted business activities. 33 As counsel for Plaintiffin the above styled action, the following services are the typical services provided by the Firm on a flat fee basis, for which time records have not been kept, and on hourly fees. The services include the following: Review payment and transaction history and other documents from Plaintiff. Open file and prepare for the filing of the foreclosure action. Review of initial tile search and title examiner’s report to determine all of the possible interests connected with the property. Review all of the documents required for the filing of the Lis Pendens and Complaint. Compliance with mandatory mediation administrative orders and review and preparation of documents associated therewith. Preparation for and attendance at mandatory mediation session. Preparation of Lis Pendens, Complaint, Summons, Motion and Order Appointing Process Server, and Civil Cover Sheet. Review of supplemental title search or report from title examiner. Review of Returns of Service and determination as to whether service was effectuated properly. Review of Certificates of Military Service. Review Answers and Responses to the Foreclosure Complaint and prepare any necessary responses of the same. Preparation of Motion for Default and Notice of Dropping Parties. Miscellaneous client communication regarding the status of the foreclosure action. Review and compilation of all the documents needed to obtain Final Judgment, i.e. Motion for Judgment and supporting affidavits including the Affidavit of Indebtedness, Affidavit as to Time, Effort and Costs, Affidavit as to the Reasonableness of Attorney’s Fees, Motion for Default and Non-military affidavit; Final Judgment and Preparation of documents required for Foreclosure Sale. Review trial order, prepare certificate of serving trial order, prepare witness and exhibit list, prepare questions for witnesses, prepare and mark exhibits, conference with witnesses to prepare for trial, pre-trial meeting with opposing counsel, prepare final judgment package, and prepare for and attend trial. 14-94682 - KaC 4 The hourly rate charged by the Affiant’s Firm for the attorneys’ services rendered is $200.00 per hour. Notwithstanding, in the above-styled action, Affiant’s Firm will receive compensation from Plaintiffon the basis of a blended fee consisting of a $2,800.00 flat fee for standard foreclosure services, plus the hourly rate of $200.00 per hour for resolution of contested issues, trial preparation and attendance. Affiant’s Firm has expended 20.10 hours of time at a rate of $200.00 per hour for resolution of contested issues, preparation for and attendance at trial for a total amount of $4,020.00, Plaintiff will pay Affiant’s Firm a total of $6,820.00 5 Affiant certifies that there are no reasons for either reduction or enhancement of the fee pursuant to Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) 6 Plaintiff has incurred the following costs in connection with this above-styled Foreclosure Action Title Charges $325.00 Filing Fees $1,963.92 Service of Process $700.00 Lis Pendens $9.00 Summons $50.00 TOTAL 047.92 FURTHER AFFIANT SAYETH NAUGHT. Loe col rown, E Sq Date [zy LS STATE OF FLORIDA COUNTY OF PALM BEACH egoing inst eve ‘ag acknow before me niet Y day of DO Ce oe x v2, by © eC VNCY\ whol is personally known to me or has produced — as identification, and who did take an oath. fY\a (Seal) es NNO AAW (bn Signatute of Notary Public Print, Type/Stamp Name of Notary att a JENNIFER ALLEN Notary Public - State of Florida My Comm, Expires Oct24, 2018 Commission # FF 144114 14-94682 - KaC IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 15000737CA. HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUTSCHE BANK ALT-A SECURITIES MORTGAGE LOAN TRUST 2007-AR1 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-AR1, Plaintiff, Vs. MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN BARBER AND ERIC WICKSON A/K/A ERIC J. WICKSON, et al. Defendant(s). / AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Nathan Schwartz, Esq., who being duly sworn, deposes and says: 1 I am an attorney licensed to practice law in the State of Florida and I have practiced law in Florida since 1985. I am personally familiar with the fees usually awarded to plaintiffs in foreclosure suits of the kind and nature in which this affidavit is filed. 2. I have reviewed, or have had the opportunity to review, the file of counsel for Plaintiff in this action. 3 lam familiar with the amounts charged by attorneys for services rendered in such cases and $200.00 per hour is a reasonable rate. 4 In my opinion, based on the circumstances of this case, a flat fee of $2,800.00, and contested fees in the amount of $4,020.00, for a total amount of $6,820.00 to be billed by Plaintiff's Attorney’s Law Firm is reasonable. 5 In arriving at my opinion | have evaluated the factors identified. below in determining my opinion of a reasonable attorney’s fee as stated above. pursuant to R. Regulating Fla.Bar 4-1.5(b) and under Florida Patients Compensation Fund v. Rowe 472 So.2nd_1145 (Fla. 1985} The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill requisite to perform the legal service properly The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or a similar nature. The significance of, or amount involved in, the subject matter of the representation. the responsibility involved in the representation, and the results obtained The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client. The nature and length of the professional relationship between said counsel and the client. g The experience, reputation and ability of Plaintiff's attorney. h The fact that the fee is fixed and not contingent. 6 T have no interest in the outcome of this litigation nor am I associated with or an employee of the Plaintiff or the Defendant, or ofthe attorneys of either. FURTHER AFFIANT SAYETH NAUGHT a Nathah Schwartz, Esquire Date’ Pig D STATE OF FLORIDA COUNTY OF PALM BEACH Hh The foregoing instrument was acknowledged before me this 4! day of December 2015, by Nathan Schwartz who is personally known to me or has produced a a ____a§ identification, and who did take an oath. (Seal) Dan & Ie Powel ature of Notary Public pe/Stamp Name of Notary sant 14-94682 - KaC